What is the test for determining whether a burglary committed by entering a separate dwelling space constitutes a separate burglary?

California, United States of America


The following excerpt is from The People v. Zamagni, B216366, No. KA085421 (Cal. App. 2010):

To resolve this issue, we review the whole record in the light most favorable to the judgment to decide whether substantial evidence supports the conviction, so that a reasonable jury could find guilt beyond a reasonable doubt. (People v. Ceja (1993) 4 Cal.4th 1134, 1138.)

Burglary may be committed by entering a structure or a room within a structure, and "a different burglary occurs each time the perpetrator enters into a separate dwelling space if a new and separate danger is posed to each of the occupants upon entry into each dwelling." (People v. Richardson (2004) 117 Cal.App.4th 570, 574.) "Entry into multiple rooms in a single structure has been held to constitute separate burglaries for the purposes of sections 459 and 460 where separate dwelling places were established by

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